Perhaps not, I thought one of the claims is interesting though, that they illegally acquired some of the dataset. What would be the damages from that, the retail price of the hardcopy?
Wouldn't they first need to prove that OpenAI didn't ingest summaries of the book, and not the book itself?
I think this can to some extent be determined in the discovery phase of the lawsuit. We probably could have some interesting outputs from this process.
The remedies under Title 17 are an injunction against further distribution, disgorgement or statutory damages, and potentially attorneys fees. The injunction part is why these cases usually settle if the defendant is actually in the wrong.